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written notice to Owner of its intention so to do. The notice shall be given at least ten (10) <br />calendar days prior to the scheduled hearing and shall contain: <br />6.4.1. The time and place of the hearing; <br />6.4.2. A statement as to whether or not City proposes to terminate or to modify this <br />Agreement; and, <br />6.4.3. Such other information that the City considers necessary to inform Owner of the <br />nature of the proceeding. <br />6.5. Hearing on Modification or Tennination. At the time and place set for the hearing on <br />modification or termination, Owner shall be given an opportunity to be heard. Owner shall be <br />required to demonstrate good -faith compliance with the terms and conditions of this Agreement. <br />The burden of proof on this issue shall be on Owner. If the City Council finds, based upon <br />substantial evidence, that Owner has not complied in good faith with the terms or conditions of <br />this Agreement, the City Council may terminate this Agreement or, in lieu of termination and <br />with the consent of Owner, modify this Agreement and impose such conditions as are reasonably <br />necessary to protect the interests of the City. The decision of the City Council shall be final. <br />6.6. Certificate of Agreement Compliance. <br />6.6.1. If, at the conclusion of a Periodic or Special Review, Owner is found to be in <br />compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of <br />Agreement Compliance ("Certificate") to Owner stating that after the most recent Periodic or <br />Special Review and based upon the information known or made known to the City Manager and <br />City Council that: (1) this Agreement remains in effect; and (2) Owner is not in default. The <br />Certificate shall be in recordable form, shall contain information necessary to communicate <br />constructive record notice of the finding of compliance, shall state whether the Certificate is <br />issued after a Periodic or Special Review and shall state the anticipated date of commencement <br />of the next Periodic Review. Owner may record the Certificate with the County Recorder. <br />6.6.2. Whether or not the Certificate is relied upon by assignees or other transferees or <br />Owner, City shall not be bound by a Certificate if a default existed at the time of the Periodic or <br />Special Review, but was concealed from or otherwise not known to the City Manager or City <br />Council. <br />6.7. Conditions of Discretionary Approvals. The requirements imposed as conditions of any <br />discretionary approval received through the City's existing regulatory process shall be <br />governed by the terms of those approvals, and in no event shall such conditions be affected <br />by the termination, cancellation, rescission, revocation, or default or expiration of this <br />Development Agreement (although such conditions must comply with the Applicable Rules). <br />7. DEFAULT AND REMEDIES. <br />7.1. Remedies in General. It is acknowledged by the parties that City and Owner would not <br />have entered into this Agreement if either party were to be liable in damages arising out of a <br />breach or default under this Agreement and, therefore, each of the parties hereto hereby <br />acknowledge and agree that the sole remedies that either party hereto may pursue and enforce <br />against the other arising out of a default or breach under this Agreement by the other party {and <br />Ordinance No. NS-3071 Exhibit 4 <br />